Brandon Fogg agreed to a plea deal this afternoon in Genesee County Court after being charged with placing an individual at risk of serious injury or death -- in this case a Batavia police officer -- by displaying a BB gun on June 5.

The 32-year-old Batavia resident entered a guilty plea to first-degree menacing and faces one-and-a-third to four years in prison.

Batavia police officers first encountered Fogg after he trespassed at a location on Ellicott Street. Due to an illegal tire on Fogg’s vehicle as he drove away from the location, officers initiated a traffic stop.

According to police, Fogg attempted to flee the vehicle, but he was taken to the ground by Officer Darryle Streeter. Fogg then removed from his pocket what appeared to be a handgun during the struggle between himself and Streeter.  

A local citizen then came to the aid of Streeter by stepping on Fogg’s wrist, which caused him to drop the BB gun from his grasp. Streeter took Fogg into custody shortly afterward.

Judge Charles Zambito scheduled sentencing for 3:15 p.m. Aug. 1 at Genesee County Court.

Jeff Musial from Nickel City Reptiles and Exotics was at Jackson School on Thursday morning showing off some of the exotic live animals he keeps for educational purposes.

Super solid and spacious 3 bedroom 2 and one half bath home in a super peaceful pretty location -- you will want to pull up a chair and enjoy the views:) There is nothing to do-everything is updated and meticulously maintained.

Public water quite literally installed as of the day of listing! Roof was a tear off in 2018 -- interior freshly neutrally painted-carpets look like they haven’t been stepped on!

Basement is full and huge -- great workshop space -- 2-car attached garage -- large deck overlooking peaceful wooded backyard and a great 24 x 32 barn for all the extras or the hobbyist. Just a really nice home! Click here for more information on this listing. List with us, call Reliant Real Estate today.

Click here for more information on 59 Pearl Street Road. 
Click here for more information on 7773 Macomber Road.

Renee Chapell with the RaSPy poster. Photo by Alexandria Tarbell, 4-H ACES Club Photographer.

By Renee Chapell – Genesee County 4H ACES Club:

Submitted photo and press release:

The New York State American Legion Boys State program will be held June 27^th to July 2nd at Morrisville State College, Morrisville.

The American Legion Boys State is a unique summertime educational program for boys entering their senior year of high school.

The program focuses on participation and personal experience in a model state, complete with governmental bodies and elected public officials. It is designed to mirror the structure and operation of state government while providing training in practical citizenship, leadership and character through a non-partisan lens. 

The American Legion Boys State program consists of classroom work, lectures and hands-on activities that promote learning by doing. Each participant is known as a “citizen” and becomes an integral part of the process assuming specific responsibilities as an elected or appointed official.

The American Legion Posts, local businesses, or other civic organizations pay the delegates' enrollment fees. 

The Genesee County American Legion Committee is proud to be sponsoring the following 2019 Boys State delegates:

• Zachary Anderson -- Batavia High School
• Zeshan Armstrong -- Batavia High School
• Aiden Cornelius -- Oakfield-Alabama High School
• Grantham Gilligan -- Le Roy High School
• Zachary Hannon -- Byron Bergen High School
• Jake Hill -- Le Roy High School
• Ryan Manges -- Oakfield-Alabama High School
• Alexander Pratz -- Oakfield-Alabama High School
• Dylan Rykert -- Oakfield-Alabama High School
• Gavin Schmidt -- Batavia High School
• Cameron Smith -- Le Roy High School
• Keith Szczepanski -- Notre Dame High School
• Charles Urbanczyk -- Pavilion High School

About The American Legion 

The American Legion is the largest wartime veterans service organization with nearly 2 million members in 12,875 posts in communities across America. Chartered by Congress in 1919, The American Legion is committed to mentoring youth and sponsoring wholesome programs in our communities, advocating patriotism and honor, promoting a strong national security, and continued devotion to our fellow service members and veterans.

Katie Kesler accepting the award with BU Sargent College Dean Chris Moore. Photo by Katherine Taylor for Boston University Photography.

Katie Kesler, of Batavia, received the Twiness Award from Boston University (BU) College of Health and Rehabilitation Sciences: Sargent College at the annual Senior Awards Reception on May 17.

The Twiness Award is presented to graduating seniors who exemplify the ideals of service, loyalty, thoughtfulness, and excellence of scholarship.

An alumna of Batavia High School, Kesler graduated summa cum laude with a Bachelor of Science in behavior and health on May 19.

“Student leadership taught me how to utilize my passion for disability advocacy to start meaningful dialogues surrounding perception of disability,” Kesler said. “I am a proud sibling of an individual with Down syndrome, and I am a vocal advocate for inclusion and the destigmatization of intellectual disability.”

While at BU, Kesler served as vice president of BU Student Volunteers for Special Needs, a Camp PALS counselor, and a peer mentor for Partners for Youth with Disabilities.

She was a member of the Navigators Christian Fellowship leadership team at BU, a member of the BU Student Occupational Therapy Association, a Sargent College peer mentor, and an assistant teacher at the BU Children’s Center.

Kesler was a Dean Elsbeth Melville Scholarship recipient, awarded for academic and extracurricular excellence as well as demonstrated promise in future fields. She was also inducted into the Sargent College Honor Society and received the Pamela Posen Endowed Memorial Scholarship.

“Katie is empathic and insightful and looks out for fellow students -- she is bright, dedicated, and hardworking,” said Clinical Assistant Professor Anne Sullivan-Soydan.

“Most importantly, Katie is, quite simply, a good person, with high moral character and personal integrity. I believe she has excellent potential to make significant contributions in her chosen field; indeed, I believe she will be a leader.”

After graduation, Kesler will pursue her doctor of occupational therapy degree at the Massachusetts General Hospital Institute of Health Professions.

About Boston University College of Health and Rehabilitation Sciences Sargent College:

It is an institution of higher education which fosters critical and innovative thinking to best serve the health care needs of society through academics, research, and clinical practice. As reported by U.S. News and World Report, its graduate programs in Speech-Language Pathology and Physical Therapy rank in the top 6% of programs while Occupational Therapy is #1 in the nation.

The College has more than 25 on-campus research facilities and clinical centers and offers degree programs in occupational therapy, physical therapy, speech, language and hearing sciences, health science, athletic training, human physiology, behavior and health, and nutrition. For more information, visit bu.edu/sargent.

Founded in 1839, Boston University is an internationally recognized institution of higher education and research. With more than 33,000 students, it is the fourth-largest independent university in the United States. BU consists of 17 schools and colleges, along with a number of multidisciplinary centers and institutes integral to the University’s research and teaching mission. In 2012, BU joined the Association of American Universities (AAU), a consortium of 62 leading research universities in the United States and Canada.

Press release:

State Senator Michael H. Ranzenhofer has issued the following statement:

“This session was full of missed opportunities and misplaced priorities. From the convening of the session in January, through yesterday, we saw bill after bill filled with items that voters did not want and that hurt Western New York.

“The budget, filled with billions of dollars in new taxes for this year alone, is set to increase taxes by $4.5 billion next year. To make matters worse, Democrats gave less funding to our Western New York roads and bridges. Our schools also saw less aid proportionally.

“We saw, just this week alone, numerous times when Downstate members negatively spoke about Upstate residents. Despite the calls to be one unified state and the promise that Upstate would not be overlooked, this session had a disproportionately negative affect on Upstate’s economy and way of life.

"Late term abortion, driver’s licenses for undocumented immigrants, billions in new taxes and mandates on farmers are just some of the examples. Instead of passing the 'Victims’ Justice Agenda', the Majority was focused on delivering for criminals, with the 'Criminals’ Bill of Rights'. All of this while our taxpayers were left behind.”

This will be the first post on The Batavian where comments are powered by code from Facebook and tied to Facebook's registration system. To comment, you will need a Facebook account.

Starting with this post, the website will display the Facebook commenting system. Older posts have the old commenting system and will retain the old comments.

Why the change? 

Because Facebook has better moderation tools than are available through our old commenting system. Also, practically the whole universe has a Facebook account now and sites that use Facebook comments get more comments on stories.

Why not? Because it feels a little like giving into the Borg. "You will be assimilated."  

I think it's the right move now but we'll see.

Facebook has other projects in the works to help local publishers like me, mostly through the trade association I helped create, Local Independent Online News Publishers, that makes me a little less wary of Facebook.

So, we'll see. In business, if you're not trying new things, you're dying. So we try new things.

Three ambulances have been dispatched to a two-vehicle accident at South Lake Road and Clinton Street Road, Bergen.

There is entrapment in at least one vehicle. There are possible head injuries. No word on how serious the injuries might be.

Bergen fire and Bergen ambulance are on scene.

The road is blocked.

Le Roy fire is also requested to the scene.

From Senator Michael Ranzenhofer:

The New York State Senate passed the “Farm Workers Bill.” State Senator Michael H. Ranzenhofer (R-C-I, Amherst) voted against it.

Senator Ranzenhofer has issued the following statement:

“Today’s passage of the Farm Workers Bill is devastating to our local farms. It does not take into consideration the economic and practical realities of farming. I have heard from and met with both farmers and farm workers who have shared the crippling impact this legislation would have on them.

“This is just another example of Downstate legislators who do not understand the Upstate economy. This will impose hundreds of millions of dollars in mandates onto farms who are already struggling. Simply put, it is going to eliminate jobs and put farms out of business.

“Furthermore, I am disappointed that such a critical bill would be introduced at the last minute and not ever be considered by the Senate Agriculture Committee or reviewed by the public.”

From Senator Rob Ortt, ranking minority member of the Senate Agriculture Committee:

“Tonight’s passage of the Farmworker Labor Act is disappointing and further displays the disconnect between state Democrats and Western New Yorkers. For months, I toured farms across western New York and spoke about this legislation with hundreds of workers, employees and community residents.

Employers and employees alike pleaded that this bill would destroy small family farms. With New York State farm closure rates already triple the national average, this legislation will grow the closure rate and devastate the number one economic driver in New York.

My chief concern when Democrats took over the entirety of state government was that Upstate would be ignored. Incredibly, it has gone further than that and Upstate is now being attacked by radical New York City regressives. Their willing accomplices include Democrats from the rest of the state, the Business Council, and the State Farm Bureau, who – sadly – should have all known better.

From Gov. Andrew Cuomo:

"My administration has proudly fought for working men and women across the board, from raising the minimum wage to strengthening worker protections in nail salons and the home healthcare industry. We believe all workers deserve to be treated with dignity and respect -- period.

"Over the weekend, I issued a reformed farm workers bill of rights, which guarantees farm workers will finally be granted basic rights to protect them from abusive and exploitive working conditions.

"With the passage of this legislation, we will help ensure every farm worker receives the overtime pay and fair working conditions they deserve. The constitutional principles of equality, fairness and due process should apply to all of us. I am proud that, with the help of my daughters' years-long advocacy on this critical issue, we got it done."

From Grow NY Farms:

For months, New York’s agriculture community worked with a purpose to meet a fundamental goal of developing farm labor legislation that would protect the combined interests of farms and farm workers. We negotiated in good faith with many majority lawmakers who were interested in hearing from those who would be directly impacted by the legislation.

Political realities meant we had to come to find a middle ground that was mutually beneficial.

We thought we had achieved that goal with a bill that while posing significant challenges for a struggling Industry, it was a vast improvement than where we started. Unfortunately, there were some flaws thrown into the legislation in the final days of this legislative session that made the bill unacceptable. Despite the passage of this flawed legislation (S.6578/A.8419), we have not given up on finding a way to fix those flaws.

These flaws include:

1.       A requirement that wages paid on the seventh consecutive day of work – are based on an overtime rate -- if a farmworker waives their right to a day of rest.

2.       The definition of family fails to recognize the role of close relatives such as aunts, uncles, nieces, nephews and cousins – and would make their participation in farm activities subject to the new statute.

3.       The creation of a wage board lacks New York’s key agency expert on agricultural issues – the State Commissioner of the Department of Agriculture and Markets.

4.       Elections involving the ability to form a union lack the integrity of a secret ballot.

At this time, we believe it is in the interest of all parties to continue working together to address these flaws and move forward with legislation that farmers, farm workers and the labor community can mutually embrace and reflect the spirit of the dialogue and discussion that has taken place in recent months.

It is also important to note the significant role played by all the farmers, farm workers and lawmakers who worked to build consensus on this issue.

Grow NY Farms represents a coalition of more than 50 New York farms, organizations, and local businesses. To learn more, visit www.GrowNYFarms.com.

A three-car accident with minor injuries is reported in front of the McDonald's in Le Roy.

Le Roy Ambulance requested to the scene by Le Roy PD for evaluation of patients.

UPDATE 7:12 p.m.: Le Roy fire also responding.

UPDATE 7:16 p.m.: Le Roy fire is back in service.

Noah Toal submitted this photo today of a piebald deer in Oakfield, across from The Oak Grill and Cafe.

A Darien Center man today entered a guilty plea in Federal Court to one count of receipt of child pornography.

Alexander Seegar, 29, faces a minimum penalty of five years in prison, a maximum of 20 years, and up to a $250,000 fine following his guilty plea.

Seegar was accused of sexting -- sending or receiving sexual text messages -- to girls from 10 to 12 years old who were students in Niagara County while posing as a 16 or 17 year old boy.

According to prosecutor Stephanie Lamarque, Seegar used the Instagram profile “davidlissachi” to communicate with the girls and asked them for sexually explicit photos. Seegar also communicated with other minors between the ages of 10 and 15 and asked them to send him sexually explicit photos in exchange for pictures of male genitalia that he sent them.

The defendant was found in possession of numerous photos containing child pornography.

The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the Lewiston Police Department, under the direction of Chief Frank Previte.

Sentencing is scheduled for Sept. 19 at 10:30 a.m. before Judge Frank Paul Geraci Jr.

Press release:

Congressman Chris Collins (NY-27) introduced legislation which provides a financial solution for uninsured Americans seeking medical procedures by hospitals.

The Protect the Uninsured Act of 2019 would amend Title XI of the Social Security Act to require hospitals and critical access hospitals to offer the uninsured individual access to the lowest negotiated price for any service or procedure.

“Hospitals are supposed to take care of everyone, the uninsured are often saddled with debt far beyond what they can pay while others are receiving steep discounts for the same procedures,” Collins said. “People are putting their health at risk by avoiding important procedures due to inflated costs while hospitals are writing off uncollected debts as charity work."

Hospitals negotiate discounts with insurance companies to determine costs of procedures or services they are willing to accept. This negotiated discount is subtracted from an inflated total cost of a procedure or service, the individual then pays a copay while the insurance company covers the remaining expenses.

Under current law, an uninsured patient is forced to cover the full cost of the procedure with no discounts, leading to uninsured patients mounting debt or avoiding necessary care.

This legislation will provide financial relief to those who are uninsured by allowing the individual to receive the lowest discount negotiated with an insurance company for a procedure or service by a hospital.

Press release:

     Amanda Cook

This week, John Kennedy Intermediate School was named a 2018-2019 Recognition School by the New York State Education Department (NYSED) for high marks in achievement and in progress.

The school will receive a Certificate of Recognition from Commissioner MaryEllen Elia.

“It’s gratifying – but not surprising – that John Kennedy earned this distinction,” says Batavia City School Dictrict Superintendent Christopher J. Dailey.

“Backed by a dedicated Board of Education, our administrators, teachers, and staff work tirelessly with students and their families to help children reach their potential.”

As NYSED aims for a more holistic approach to school and student achievement under New York’s Every Student Succeeds Act (ESSA) Plan, 2018-19 Recognition Schools exemplify success in this mission with high academic achievement, student growth and graduation rate, and demonstrated progress during the 2017-18 school year.

The criteria used to determine the Recognition School status includes: student growth; met or exceeded either the school or state measures of interim progress for English language arts and mathematics; reduced rate of chronic absenteeism; and college-, career-, and civic-readiness; and met the federally required 95-percent participation rate in the English language arts and mathematics assessments.

Batavia’s Executive Director of Curriculum and Instruction Molly Corey, noting that John Kennedy is one of only 562 in the state and one of only 328 at the elementary level to be regarded as a Recognition School, said “I commend the teachers at John Kennedy and their principal, Dr. Amanda Cook, for this accomplishment. Their hard work and dedication to all students is evident.”

Expanding on that, Cook added, “Our entire team is committed to engaging students and their families in activities that build excitement for learning in ways that help children want to come to school to be a part of making memories together. We focus on creating a school learning community.”

Sean Reynolds, whom we profiled last year as one of the most intriguing players in the New York-Penn League, and whose photo graces the Muckdog's printed season schedule, and who became a fan favorite last season, is rejoining the Batavia Muckdogs.

The Marlin's organization decided today to swap first basemen between Batavia and the Clinton Lumberjacks, sending Evan Edwards to Clinton, Iowa, and returning Reynolds to the New York Penn-League, where he led the league last year in home runs, RBIs, runs scored, walks, and strikeouts.

In fact, Reynolds set a new league record for strikeouts at 133. He hit 17 home runs and had 52 RBIs while walking 42 times.

In 68 games with Clinton, Reynolds was hitting.173 with nine home runs, 32 RBIs, 33 walks, and 145 strikeouts.

He rejoins Batavia just a week into the NYPL's short season.

Reynolds was a fourth-round pick for the Marlins in 2016 and Edwards was a fourth-round pick for the Marlins this year.

A new proposal was brought before the Ways & Means Committee on Wednesday for an I Love New York selfie sign on the lawn outside the Genesee County Chamber of Commerce & Visitors Center at 8276 Park Road, Batavia.

It's one of the most recognizable logos of New York State. The iconic “I Love New York” letters and bright red heart are frequently seen on tourist souvenirs and apparel.

But its $47,000 price tag raised eyebrows at the meeting.

It would be paid for with bed tax reserves -- not by local taxpayers, according to Chamber President Tom Turnbull, who presented the preliminary design of the selfie sign to the Ways & Means Committee.

He sought the initial reactions of committee members as he spoke about the proposed I Love New York sign, which would showcase the logo with a semi-transparent background and backlighting.

The goal of the selfie sign is to attract visitors to Genesee County and draw tourists to the Visitor Center once they stop for a photo opportunity next to the sign. Similar selfie signs are currently featured at popular destinations like the Finger Lakes and the Adirondacks.

“We think this will be a big hit for people … People are into taking pictures at places like that. We hope it will attract people to come inside our visitor center,” Turnbull said.

The chamber worked with Batavia-based companies like smartDESIGN Architecture and John’s Studio in the engineering and design processes.

The price includes design, construction and installation costs.

The bed tax revenue that would pay for it comes from a 5-percent administrative fee that is added to the price of a hotel room in Genesee County and collected annually by the county Treasurer’s Office.

Each year, bed tax revenue is capped at $420,000, and surplus funds are placed in a reserve.

The expected surplus total for 2019 is approximately $100,000, and $47,000 for the proposed sign would come from this surplus.

“The money is there," Turnbull said. "It’s dedicated for tourism, and we think this is a good use of some of that money. We can spruce up our property a little bit more and attract even more tourism to Genesee County.”

Legislators Andrew Young and Shelly Stein opined that $47,000 is a high price for this potential investment. Stein questioned the life expectancy of both the selfie-sign trend and the durability of the design in winter weather.

Turnbull said he is confident that the sign and its popularity will last well into the future.

Legislator Marianne Clattenburg said that the sign would most likely see a good amount of traffic in that area due to hotels, restaurants, shopping centers and Batavia Downs casino.

“I think we’ve got the funds," Clattenburg said to Turnbull. "And if your board is saying that this is something that is advantageous and you’ll see results from it, then I would support it."

The Chamber of Commerce received tentative permission from NYS Empire State Development to use its trademark logo. Approval of the project can occur once a finalized design has been agreed upon by the chamber and the legislature.

Now the chamber has a better sense of the legislators' thoughts on the project before it drafts a resolution asking for a portion of bed tax money to pay for it.

Le Roy police are responding to 14 Summit St. for a criminal mischief complaint. A man called dispatch to report a group of juveniles "outside his house breaking glass bottles on the tennis courts."